Scottish Executive

Civil Service

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what progress has been made in improving the recruitment of specialists into the civil service in each year since 1996.

Mr Andy Kerr: Responsibility for the recruitment of specialists lies with Heads of Profession and individual agencies. Specialist staff are recruited as and when required.

Community Safety

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-32584 by Ms Margaret Curran on 20 January 2003, when guidelines on the delivery and management of neighbourhood wardens will be available.

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-32583 by Ms Margaret Curran on 7 January 2003, when a framework will be published on the arrangements between the employer of neighbourhood wardens/patrols and citizens in those neighbourhoods.

Ms Margaret Curran: I will make an announcement in the very near future.

Courts

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-22603 by Mr Jim Wallace on 14 February 2002, how many summary criminal cases were called for trial in (a) Scotland and (b) each sheriff court district and how many such cases were adjourned to another trial date.

Mr Jim Wallace: The following table sets out for 2002 the number of summary criminal trials which were called in court for trial, and the number which were adjourned to another date for a variety of reasons.

  Summary Trial Adjournments 2002

  

 

Number of Summary Trials Called 
  

Total Number of Adjournments 
  



Aberdeen 
  

1,318 
  

379 
  



Banff 
  

140 
  

42 
  



Dingwall 
  

119 
  

27 
  



Dornoch 
  

60 
  

21 
  



Elgin 
  

512 
  

161 
  



Fort William 
  

113 
  

21 
  



Inverness 
  

715 
  

170 
  



Kirkwall 
  

44 
  

16 
  



Lerwick 
  

102 
  

31 
  



Lochmaddy 
  

24 
  

7 
  



Peterhead 
  

297 
  

94 
  



Portree 
  

28 
  

15 
  



Stonehaven 
  

112 
  

24 
  



Stornoway 
  

77 
  

19 
  



Tain 
  

165 
  

29 
  



Wick 
  

111 
  

26 
  



Alloa 
  

484 
  

207 
  



Arbroath 
  

414 
  

126 
  



Cupar 
  

263 
  

104 
  



Dundee 
  

1,797 
  

659 
  



Dunfermline 
  

540 
  

164 
  



Falkirk 
  

1,196 
  

423 
  



Forfar 
  

199 
  

65 
  



Kirkcaldy 
  

1,011 
  

364 
  



Perth 
  

864 
  

333 
  



Stirling 
  

785 
  

233 
  



Edinburgh 
  

4,166 
  

1,147 
  



Haddington 
  

407 
  

109 
  



Jedburgh/Duns 
  

231 
  

49 
  



Linlithgow 
  

1,412 
  

574 
  



Peebles 
  

72 
  

21 
  



Selkirk 
  

169 
  

63 
  



Glasgow 
  

8,726 
  

3,219 
  



Campbeltown 
  

73 
  

20 
  



Dumbarton 
  

1,120 
  

421 
  



Dunoon 
  

205 
  

72 
  



Greenock 
  

825 
  

202 
  



Kilmarnock 
  

875 
  

98 
  



Oban 
  

111 
  

40 
  



Paisley 
  

2,024 
  

739 
  



Rothesay 
  

75 
  

10 
  



Airdrie 
  

1,628 
  

523 
  



Ayr 
  

1,048 
  

228 
  



Dumfries 
  

432 
  

82 
  



Hamilton 
  

3,448 
  

1,235 
  



Kirkcudbright 
  

41 
  

8 
  



Lanark 
  

340 
  

90 
  



Stranraer 
  

181 
  

35 
  



Total for Scotland 
  

39,099 
  

12,745

Education

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive whether the figures in Incidents of Violence and Anti-social Behaviour against Local Authority School Staff in 2001/02 include incidents of violent or threatening behaviour to teachers by pupils that occur outwith school premises.

Cathy Jamieson: Yes. This information can be found in the publication, Incidents of Violent and Anti Social Behaviour against local authority staff in 2001/02 , copies of which are available in the Parliament’s Reference Centre (Bib. number 26274).

Education

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what assessment it has undertaken regarding the awareness by teachers of the need to complete a form to report an incident of violent or threatening behaviour in order that such an incident can be included in local authority and national statistics.

Cathy Jamieson: The Executive issues guidance to all education authorities regarding how schools should record incidents. The guidance makes it clear that all incidents should be reported to the head teacher and on to the education authority. The Executive has not undertaken any assessment regarding the awareness by teachers of the need to record an incident of violent or threatening behaviour. However, we do know that a number of authorities have adopted a zero tolerance policy and have encouraged school staff to report all incidents of violence and anti-social behaviour, which would include threatening behaviour.

Emergency Planning

Colin Campbell (West of Scotland) (SNP): To ask the Scottish Executive how many emergency headquarter facilities it possesses; how many are protected against attack by (a) terrorists in person, (b) explosives delivered by short-range missiles or aircraft, (c) chemical weapons, (d) biological weapons and (e) radiological weapons, and how many are fully equipped and ready for use.

Hugh Henry: The Executive has a permanent emergency communications facility and, if required, can open others at short notice in accordance with a contingency plan for such situations. This facility is safeguarded by a range of security measures which are kept under close and constant review. On security grounds it would be inappropriate to comment further.

Emergency Planning

Colin Campbell (West of Scotland) (SNP): To ask the Scottish Executive which local authorities have emergency headquarter facilities; how many are protected against attack by (a) terrorists in person, (b) explosives delivered by short range missiles or aircraft, (c) chemical weapons, (d) biological weapons and (e) radiological weapons, and how many are fully equipped and ready for use.

Hugh Henry: All local authorities in Scotland have identified facilities which can be utilised when dealing with a range of major incidents that may occur in their area. Information on the physical characteristics of these centres is not held centrally.

Equal Opportunities

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what progress has been made in improving the recruitment of disabled people into the civil service in each year since 1996.

Mr Andy Kerr: The Executive’s Diversity Strategy, launched in November 2000, has set demanding targets for the recruitment of under-represented groups, including staff with disabilities. Progress towards these targets is set out in the following table. Information prior to 1998 is not held centrally.

  In line with the strategy, the Executive will continue to work towards its aim of becoming an organisation that values the contribution of each member of staff and broadly reflects the communities it serves.

  Scottish Executive Permanent Staff

  Percentage of Self-Declared Disabled Staff

  April 1998 to January 2003

  

 

Target 
  



April 1998 
  

April 1999 
  

April 2000 
  

April 2001 
  

April 2002 
  

January 2003 
  

April 2005 
  



Total 
  

2.4 
  

2.4 
  

2.4 
  

2.5 
  

2.7 
  

2.8 
  
 



SCS and Band C 
  

1.0 
  

1.1 
  

1.2 
  

1.1 
  

0.9 
  

1.1 
  

1.6 
  



Band B 
  

1.7 
  

1.8 
  

1.8 
  

2.0 
  

2.2 
  

2.2 
  

3.2 
  



Band A 
  

3.5 
  

3.3 
  

3.4 
  

3.5 
  

3.9 
  

4.1 
  

5.0

Equal Pay

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive whether it will ensure that all of its executive agencies and non-departmental public bodies (NDPBs) publish their policies on equal pay.

Mr Andy Kerr: Agencies and NDPBs are required to be as open as possible in their dealings with their customers and stakeholders. They are required to comply with the Code of Practice on Access to Scottish Executive Information and with legislation on the release of information to the public, including the Data Protection Act. In meeting those requirements, the Scottish Executive expects that its executive agencies and NDPBs would make information on their policies for equal pay available publicly.

Executive Agencies

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what arrangements the Scottish Public Pensions Agency makes, or has made, with outside contractors for health assessments of employees seeking early retirement from posts covered by the agency and what evaluation it has made of those contractors in each year since 1999.

Mr Andy Kerr: Since 1999, the Scottish Public Pensions Agency (SPPA) has had a contract with Workability Ltd, formerly Lanarkshire Health Executive for the provision of medical advice, primarily assessments of employees seeking early retirement on medical grounds. Performance under the contract is reviewed regularly. The contract ends in April 2004 and will be re-tendered this year

Executive Agencies

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive what rules govern the use of outside contractors working for the Scottish Public Pensions Agency on health assessments of employees seeking early retirement from posts covered by the agency and, in particular, what declaration of interest any employees of, or advisers to, the agency have to make if they are directors of any such contracting companies.

Mr Andy Kerr: Outside contractors working for the Scottish Public Pensions Agency (SPPA) are subject to normal public sector procurement arrangements. The Chief Executive of Workability Ltd is the medical adviser to SPPA under the contract and other staff of Workability may also advise SPPA under it. Employees of or other advisors to SPPA would be expected to declare any interests in its contractors in the usual way.

Executive Agencies

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive how many appeals against a refusal of early retirement on medical grounds have been (a) accepted and (b) refused in each year since 1999 by the Scottish Public Pensions Agency (SPPA) and how many of the initial or further health assessments relating to these appeals were undertaken by Lanarkshire Health Executive Ltd or Workability Ltd.

Mr Andy Kerr: The process following the refusal of medical early retirement allows the applicant to apply for a review of the decision at any time. All such reviews are undertaken by Workability Ltd (formerly Lanarkshire Health Executive) who make a further recommendation to SPPA based on the new situation.

  In addition, the applicant may make a formal appeal in the form of a determination by ministers.

  In these cases, a specialist, independent of Workability, is appointed to conduct an examination and make a recommendation to ministers.

  The outcomes of determinations concluded in each year since 1999 is given in the following table.

  


Scheme/Year 
  

Determinations Concluded 
  

Accepted 
  

Rejected 
  



Teachers
1999-2000 
  

5 
  

2 
  

3 
  



Teachers
2000-01 
  

10 
  

8 
  

2 
  



Teachers
2001-02 
  

7 
  

6 
  

1 
  



Teachers
2002 to date 
  

2 
  

2 
  

- 
  



NHS
1999-00 
  

6 
  

3 
  

3 
  



NHS
2000-01 
  

7 
  

5 
  

2 
  



NHS
2001-02 
  

11 
  

5 
  

6 
  



NHS
2002 to date 
  

9 
  

8 
  

1

Food Safety

Shona Robison (North-East Scotland) (SNP): To ask the Scottish Executive whether it will have any input into the House of Commons European Standing Committee C's inquiry into the proposed EU regulations on official controls on products of animal origin intended for human consumption (COM (2002) 377); whether the scope of the proposed regulations falls within the Executive’s responsibilities, and, if so, whether it will lay the proposed regulations before the Parliament for scrutiny and, if so, when it will do so.

Mrs Mary Mulligan: Food safety is a devolved matter and Scottish ministers are advised on this issue by the Food Standards Agency.

  If asked by the committee, Scottish ministers - advised by the agency - would be pleased to provide evidence to the House of Commons European Standing Committee C's inquiry into the proposed EU Regulation on official controls on products of animal origin intended for human consumption.

  The European Committee of the Scottish Parliament considers EU legislation and proposals. The committee was sent an Explanatory Memorandum (EM) for the proposed EU Regulation on 19 August 2002 which was produced in consultation with devolved administrations. When the EU Regulation is finally agreed, Scottish ministers will be responsible for bringing forward any transposing legislation that may be needed to ensure it is given full effect in Scotland.

Genealogy

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive whether it will review the availability of burgh records and assist local authorities in making them available to researchers and genealogical enquirers on a uniform basis throughout Scotland.

Michael Russell (South of Scotland) (SNP): To ask the Scottish Executive whether it will review the availability of burial and graveyard records and assist local authorities in making them available to researchers and genealogical enquirers on a uniform basis throughout Scotland.

Mr Jim Wallace: The Local Government etc. (Scotland) Act 1994 empowers local authorities to make whatever provision they consider appropriate for enabling any person to inspect their records. The Executive recognises the importance of such records to researchers and genealogists and will do all it can within available resources to encourage local authorities to make appropriate access arrangements.

Health

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31405 by Mr Frank McAveety on 20 November 2002, whether the BetterCare Group Ltd ruling implies that there is any potential for health services to be subject to the Competition Act 1998.

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31405 by Mr Frank McAveety on 20 November 2002, whether the BetterCare Group Ltd ruling implies that there is any potential for education services to be subject to the Competition Act 1998.

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31405 by Mr Frank McAveety on 20 November 2002, whether the BetterCare Group Ltd ruling implies that there is any potential for auxiliary services provided by local authorities to be subject to the Competition Act 1998.

Mr Frank McAveety: The application of the Competition Act 1998 is a reserved matter.

  Our understanding of the Competition Commission ruling in the BetterCare case is that it established that in the circumstances of that particular case the public body involved could be regarded as acting in itself as an undertaking and hence was subject to the Competition Act 1998 and further examination by the Office of Fair Trading. Our understanding is that any other cases would also have to be considered on their own merits.

Land Register

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive, further to the answer to question S1W-19713 by Iain Gray on 26 November 2001, what evidence is required for the registration of Udal land.

Mr Jim Wallace: I refer the member to the answer given to question S1W-19713. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

  Properties in Orkney and Shetland which have written title deeds recorded in the Register of Sasines will be treated in the same way as property owned in mainland Scotland for registration purposes. No special evidence should be required.

  The Keeper of the Registers of Scotland has recently had discussions with solicitors in Orkney and Shetland and has been given to understand that there are very few properties in the islands for which title deeds have not been previously recorded in the Register of Sasines. In these few cases where Udal property is still held on the basis of succession and possession, without prior written title deeds, the keeper is prepared to consider sympathetically whatever evidence the applicants for registration are able to provide - for example, family trees, affidavits from third parties and written title deeds for adjoining property.

Land Register

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether all owners of Udal land and property will require a written title deed prior to the Land Register becoming operational on 1 April 2003.

Mr Jim Wallace: Anyone acquiring Udal land after the commencement date of the Land Register in Orkney and Shetland on 1 April 2003 will only be able to obtain a real right in the land by registration in the Land Register. However, existing proprietors’ rights will not be affected: land registration affects only the rights of persons acquiring title after the commencement date.

  The Keeper of the Registers of Scotland will deal with applications for first registration in the Land Register of the very few udal titles for which no written deeds exist by considering such other forms of evidence which may be open to him. This is further explained in the answer to question S1W-33683 today. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Land Register

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive ask the Scottish Executive, further to the answer to question S1W-17762 by Mr Jim Wallace on 20 September 2001, how land and property owners under the Udal law system have been, and will be affected, by legislation passed by the Parliament before the end of March 2003.

Mr Jim Wallace: There will be no changes for land and property owners under the Udal law system other than those outlined in the answer given to question S1W-18739 on 30 October 2001. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

NHS Boards

Brian Adam (North-East Scotland) (SNP): To ask the Scottish Executive whether any action has been taken against NHS boards that have failed to give timeous access to patients' records in cases of complaint or alleged negligence.

Malcolm Chisholm: In his recent letter to NHS board and Trusts Chief Executives about access to medical records the Chief Executive, NHSScotland, referred to my statement that the NHS must be as open and transparent as possible and indicated that:

  the service should continue to ensure that any requests for access to medical records are handled promptly and in accordance with the Data Protection Act.

  if patients are not happy about the way the application has been dealt with they may either write and complain to the data controller within the organisation, using the NHS complaints procedure, or complain to the Information Commissioner.

  The Information Commissioner may take action against NHS organisations who do not meet their obligations under the Data Protection Act.

Roads

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether the A7 has been detrunked north of Galashiels; if so, when, and whether any public statement was made at that time.

Lewis Macdonald: The A7 between Galashiels and Edinburgh ceased to be a trunk road on 1 April 1996. The intention to detrunk this section of the route was set out in the publication Shaping the Trunk Road Network: The Government's Response and was given effect by The Roads (Transitional Powers) (Scotland) Order 1995 (SI 1995 No. 1476 (S.107)).

Water Charges

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what action it is planning to help care homes that will face paying their water charges in full as a result of the Court of Session decision on Scottish Water v Clydecare Ltd.

Mr Frank McAveety: I refer the member to the answer given to question S1W-33481 on 11 February 2003. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/webapp/wa.search.